CURTIS & LUCERO LAW FIRM COPY January 3, 2018 Hand Delivered Robert M. Doughty, Ill, J.D. Paul B. Roth, M.D., MS. Chaouki Abdallah, Interim President, Board of Regents of VP & Chancellor for Health President UNM Sciences Office of the President Scholes Hall, 141 UNM Health Sciences Center Scholes Hall, 141 1 University of New Mexico Albuquerque, NM 87131 1 University of New Mexico Albuquerque, NM 87131 Albuquerque, NM 87131 Re: Tort Notice Dear Board President Doughty, Chancellor Roth and Interim UNM President Abdalla The purpose of this letter is to put the Board of Regents for the University of New Mexico, the University of New Mexico School of Medicine, the University of New Mexico Health Sciences Center and Hugh Martin, MD and all involved employees or lawyers on notice for breach of contract by violating UNM’s requested Covenant of Confidentiality reached concerning the settlement of Herald v. BORUNM. Additionally, these UNM entities may be liable for the intentional or negligent infliction of emotional distress upon Ms. Herald for their continued false statements about her. My client and I became aware of these new claims against UNM this this morning, January 3, 2018, with the publication of the news article by Andy Lyman. This report was apparently based on a series of e-mails Dr. Martin sent to the entire Anesthesiology Department between November 17, 2017 and November 30, 2017. The breach of the settlement agreement, along with the intentional infliction of emotional distress through continuing false statements about Cynthia Herald by Dr. Hugh Martin and Dr. Sally Vender, constitute violations of the New Mexico Tort Claims Act, under 41-4-9 and-10 NMSA 1978' and also exposes these doctors to individual isbility. Most disturbing of all is UNM’s continued efforts to silence those who would report sexual violence, assault, and harassment in the medical school and at UNM Hospital. Informing the entire Anesthesiology Department that their bonuses are being cancelled because of a settlement with an anesthesiology resident who was raped while in the residency program, adds another layer of guilt to the shame and blame that already discourages reporting of this type of * Further legal research during the notice period under 41-4-16 NMSA 1978 will be made to include notice of all claims for which immunity has been waived. Under 41-4-20 NMSA 1978 itis the duty of governmental entities to cover every risk for which immunity has been waived. Ifthe UNM Health Sciences Center has violated this provision, as has been stated by Dr. Martin in his email to the Anesthesia Department personnel, there may be ‘additional action pursuant to ths provision as well, 215 CENTRAL AVENUE, NW, SUITE 300 | ALBUQUERQUE, NM 87102 ‘T: 505.243.2808 | F: 505.242.0812 | worw.curtislawfirm.or,Tort Notice Fanuary 3, 2018 Page 2 of 2 misconduct. A victim of sexual misconduct at the UNM Hospital or Medical School who is considering whether to file a report is now being blamed for harming her/his innocent co- workers by potentially affecting their bonuses. This effort to silence and punish sexual assault victims directly contravenes the statement Chancellor Roth made in the Albuquerque Journal after the settlement in this case, stating the University’s renewal of “commitment to timely and appropriately addressing allegations of sexual harassment and sexual assault.” The idea that a public employee's colleagues will suffer financially for the good faith report of sexual assault is abhorrent to every intended purpose of your internal policies on sexual misconduct and the Whistleblower Protection Act. Please provide verification of the receipt of this notice of action. Very truly yours, CURTIS AnD LUCERO LKCIspm ce: Senator Peter Wirth, Majority Leader of the New Mexico State Senate Representative Brian Egolf, Speaker of the New Mexico House of Representatives Randi MeGinn, Esq. Patricia Williams, Esq. Loma Wiggins, Esq.